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Thursday, January 28, 2021

Faizan Mustafa

The writer is vice chancellor, NALSAR University of Law, Hyderabad

Explained: What’s changed in Jammu and Kashmir?
Wed, Aug 07, 2019

Jammu and Kashmir has lost its special status, and reduced to two Union Territories. What is the history of Partition and accession to India that has been overturned? What are Articles 370 and 35A, that were supposed to define the special status of the state?

Power, not justice
Thu, Aug 01, 2019

Criminalising triple divorce violates the first principles of criminal jurisprudence, will be counterproductive

Her own space to pray
Wed, Jul 17, 2019

Unlike men, women in Islam do not have a religious obligation to offer the Friday or five daily prayers in mosques. But all mosques should have a designated place for women

Explained: Reading the Maratha quota verdict
Mon, Jul 01, 2019

Among the factors taken into consideration were the question of backwardness, and justification of taking total reservation beyond 50%. How Bombay High Court judgment addressed these and other issues

Note to the minority: Welcome PM Modi’s resolve to win over their trust
Tue, May 28, 2019

Muslims are not headed for a bleak future. They should welcome PM’s resolve of winning over their trust.

Explained: ‘Efficiency’ and promotion quota
Tue, May 21, 2019

Supreme Court has upheld a Karnataka law that provides for seniority as a consequence of promotion via reservation. The past arguments around this, and how SC has settled the debate on ‘efficiency’ in Art 335.

An Expert Explains: Article 324 and role of Election Commission
Tue, May 21, 2019

The Election Commission has invoked its powers under Art 324 to curtail campaigning in West Bengal following violence in Kolkata. What powers does the Constitution give ECI; how has SC interpreted Art 324?

Madhava Menon has demonstrated that every single individual matters, can bring about change
Thu, May 09, 2019

N R Madhava Menon’s work and worldview has created a lasting legacy, will continue to inspire legal professionals.

Explained: What happens when judges face allegations?
Thu, Apr 25, 2019

As SC battles fallout of allegations against CJI, understanding the key questions around ‘misbehaviour’ by judges, the protection they need against accusers, and judicial independence and accountability

Explained: Judicial reforms in Congress manifesto
Thu, Apr 04, 2019

The party has promised to ‘deliver’ several interventions in the judiciary. An analysis of some key points.

When Supreme Court has ruled on life & death
Mon, Mar 11, 2019

Supreme Court has acquitted six on death row. Judgments on the death penalty have often been insconsistent.

A slim chance
Sat, Mar 09, 2019

Can the parties in Ayodhya dispute display the spirit of accommodation needed to make mediation a success?

Explained: What are Articles 370 and 35A?
Tue, Aug 06, 2019

What is Article 370 and 35A: A recent central ordinance, which extends reservation to SCs and STs in J&K, throws the spotlight on Article 35A, as well as Article 370 from which it derives. What are these two provisions?

Faith and gender justice
Fri, Feb 08, 2019

Court has upheld equality. Muslim Personal Law Board and devotees of Ayyappa must initiate internal reform.

An Expert Explains: New quota and basic structure
Tue, Jan 15, 2019

The 10% quota for economically weaker sections faces a challenge in the Supreme Court on grounds of violating the ‘basic structure’ of Constitution. What is that structure, how does SC decide if it is violated?

Why reservation for economically backward classes may not pass judicial scrutiny
Wed, Jan 09, 2019

The most likely scenario is that the Modi government’s move will be stayed by the apex court till the final decision on the constitutionality of the Bill is delivered.

Bill of wrongs
Thu, Dec 27, 2018

The hastily passed Transgender Persons (Protection of Rights) Bill does not ensure privacy, dignity and livelihood to the embattled group.

Lessons in bigotry
Tue, Dec 18, 2018

The Meghalaya high court judge’s judgment was legally flawed and historically misleading. It violates the provisions of the citizenship law and makes a case for India as a country of, and for, Hindus.

An ill wind in the Valley
Fri, Nov 23, 2018

Governor Malik’s decision to dissolve J&K assembly is constitutionally flawed and politically erroneous.

Not a holy book
Thu, Nov 01, 2018

As aftermath of Sabarimala judgment shows, India is not ready for a constitutional theocracy.

Adultery case: How Supreme Court underlined women’s autonomy as facet of human dignity
Fri, Sep 28, 2018

Adultery will continue as a ground of divorce and, therefore, remain in civil law. Thursday’s verdict will be welcomed by those who believe there should be less use of criminal law in matrimonial matters.

Ayodhya case: Understanding the ‘essentiality doctrine’ and its implications
Fri, Sep 28, 2018

By refusing review, the court has refused to consider the question of whether the freedom of religion protects only practices of particular significance, and not all religious practices. The question of comparative significance of religious practices also remains untouched.

Why the triple talaq Ordinance is neither perfect nor necessary
Fri, Sep 21, 2018

What is the purpose of criminal law, and what is its relationship with the state and the citizen? How does the Ordinance measure up against the core principles of Indian constitutionalism and jurisprudence?

No right of way for the majority
Fri, Sep 14, 2018

By rejecting homogenisation of cultures, Supreme Court’s verdict on Section 377 has upheld the rights of religious minorities.

Supreme Court’s verdict on Section 377: 493 pages, 5 judges, one mantra of Constitutional Morality
Fri, Sep 07, 2018

How Supreme Court strikes a powerful blow for freedom and choice, underlines inclusion of all